Acree v. Shell Oil Co., No. 82-3718

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore GOLDBERG, GEE and TATE; PER CURIAM
Citation721 F.2d 524
Docket NumberNo. 82-3718
Decision Date22 December 1983
PartiesPage W. ACREE, et al., Plaintiffs-Appellants, v. SHELL OIL COMPANY, Defendant-Appellee.

Page 524

721 F.2d 524
Page W. ACREE, et al., Plaintiffs-Appellants,
v.
SHELL OIL COMPANY, Defendant-Appellee.
No. 82-3718.
United States Court of Appeals,
Fifth Circuit.
Dec. 22, 1983.

Gary & Field, Russell L. Dornier, Baton Rouge, La., for plaintiffs-appellants.

Page 525

Taylor, Porter, Brooks & Phillips, Tom F. Phillips, Baton Rouge, La., Stephen G. Lindsey, Gretna, La., for defendant-appellee.

Appeal from the United States District Court for the Middle District of Louisiana.

Before GOLDBERG, GEE and TATE, Circuit Judges.

PER CURIAM:

This is a Louisiana diversity action. The district court dismissed the plaintiffs' suit with prejudice. Acree v. Shell Oil Company, 548 F.Supp. 1150 (M.D.La.1982). As the plaintiffs argue on their appeal, the issues of state law presented are complex and are not clearly governed by controlling Louisiana law or decision. The opposing constructions of state law are supported by almost equally sound reasons. We have concluded that affirmation is appropriate under the principle that a federal district court's determination on the law in his state is entitled to great weight on review, Smith v. Mobil Corporation, 719 F.2d 1313 (5th Cir.1983), Watson v. Callon Petroleum Co., 632 F.2d 646, 648 (5th Cir.1980) (citing other decisions of this circuit), and that the district court's interpretation of state law will not be disturbed on appeal unless it is clearly wrong, Ryan v. Foster & Marshall, Inc., 556 F.2d 460, 465 (9th Cir.1977) (other decisions cited). See also 9 Wright and Miller, Federal Practice and Procedure, Sec. 2588 at 752-53 (1971), citing Freeman v. Continental Gin Company, 381 F.2d 459, 466 (5th Cir.1967).

Accordingly, unable to find the district court's interpretation of state law to be clearly wrong, we AFFIRM the district court judgment.

AFFIRMED.

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13 practice notes
  • Jackson v. Johns-Manville Sales Corp., JOHNS-MANVILLE
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 22, 1986
    ...determination of the district court judge who is familiar with local law." Green, 612 F.2d at 214. See also Acree v. Shell Oil Co., 721 F.2d 524, 525 (5th Cir.1983) ("district court's interpretation of state law will not be disturbed on appeal unless it is clearly wrong"); Sm......
  • Seafirst Commercial Corp. v. U.S. Fidelity and Guar. Co., No. 84-3729
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 24, 1986
    ..."the district court's interpretation of state law will not be disturbed ... unless it is clearly wrong." Acree v. Shell Oil Co., 721 F.2d 524, 525 (5th Cir.1983); see also Avery v. Maremont Corp., 628 F.2d 441, 446 (5th Cir.1980) ("[W]hen state law is uncertain, we are hesita......
  • Browning Seed, Inc. v. Bayles, No. 86-4774
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 24, 1987
    ...Armstrong v. Farm Equip. Co., 742 F.2d 883, 886 (5th Cir.1984); see also Lanier Business Prods., 797 F.2d at 1368; Acree v. Shell Oil Co., 721 F.2d 524, 525 (5th Cir.1983); Smith v. Mobil Corp., 719 F.2d 1313, 1317 (5th Finally, we think there are practical considerations favoring an interp......
  • Louisiana AFL-CIO v. Lanier Business Products, Inc., AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 27, 1986
    ...district court's interpretation of state law will not be disturbed on appeal unless it is clearly wrong," Acree v. Shell Oil Co., 721 F.2d 524, 525 (5th Cir.1983). Thus, the ruling of the district court further pushes us towards the conclusion that the Louisiana Supreme Court would hol......
  • Request a trial to view additional results
13 cases
  • Jackson v. Johns-Manville Sales Corp., JOHNS-MANVILLE
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 22, 1986
    ...determination of the district court judge who is familiar with local law." Green, 612 F.2d at 214. See also Acree v. Shell Oil Co., 721 F.2d 524, 525 (5th Cir.1983) ("district court's interpretation of state law will not be disturbed on appeal unless it is clearly wrong"); Sm......
  • Seafirst Commercial Corp. v. U.S. Fidelity and Guar. Co., No. 84-3729
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 24, 1986
    ..."the district court's interpretation of state law will not be disturbed ... unless it is clearly wrong." Acree v. Shell Oil Co., 721 F.2d 524, 525 (5th Cir.1983); see also Avery v. Maremont Corp., 628 F.2d 441, 446 (5th Cir.1980) ("[W]hen state law is uncertain, we are hesita......
  • Browning Seed, Inc. v. Bayles, No. 86-4774
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 24, 1987
    ...Armstrong v. Farm Equip. Co., 742 F.2d 883, 886 (5th Cir.1984); see also Lanier Business Prods., 797 F.2d at 1368; Acree v. Shell Oil Co., 721 F.2d 524, 525 (5th Cir.1983); Smith v. Mobil Corp., 719 F.2d 1313, 1317 (5th Finally, we think there are practical considerations favoring an interp......
  • Louisiana AFL-CIO v. Lanier Business Products, Inc., AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • August 27, 1986
    ...district court's interpretation of state law will not be disturbed on appeal unless it is clearly wrong," Acree v. Shell Oil Co., 721 F.2d 524, 525 (5th Cir.1983). Thus, the ruling of the district court further pushes us towards the conclusion that the Louisiana Supreme Court would hol......
  • Request a trial to view additional results

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